Tag: Moral Terpitude

With as much talk as there has been over the last few years about immigration, you would think most criminal defense lawyers are sensitive to the potential consequences of a conviction for defendants who are not United States citizens. Unfortunately, I continue to see lawyers who believe certain dispositions will protect a client against removal proceedings. Generally, this occurs where the client is placed on deferred adjudication, or placed in some type of pre-trial diversion program. They mistakenly believe that if there is no conviction, there are no immigration consequences.

I’ve recently seen cases where a defendant was placed on deferred adjudication for a minor offense, and when they went to report for probation, were met by ICE officials. They had no idea that could happen until it was too late.

I’ve also seen too many cases where the lawyer fails to ask about a client’s immigration status. They may have grown up here, graduated from high school or even college, and have stable jobs. There is nothing to suggest they are not United States citizens. Some lawyers also ask the wrong question; they might be here under DACA, or have a valid work permit, and if asked if they are “legal” will truthfully answer yes. If you or a loved one who is not yet a citizen is facing criminal charges, we are here to help.

7. Even if you are innocent and only tell the truth and do not tell the police anything incriminating and the entire interview is videotaped, your answers can still be used to crucify you if the police have any evidence, even mistaken or unreliable evidence that any of your statements are false. You never know what information the police have or what is in their file against you. Furthermore, you can never be certain what the police are investigating you for. Any evidence that makes it seem that your testimony is false, even when it is not, can be used to make you appear unreliable. If the witness was confused or had inadequate information, they will still seem more credible than you if you had told the police something contrary to what a witness says.

Example: A juvenile, being charged as an adult, who truthfully confessed to a series of thefts and assaults. Unfortunately, at the same time, his elderly grandmother, who was his guardian, had told a different story that she also thought to be true. Both the client and the grandmother stated truthful, yet contradictory stories. The primary element of the case was whether or not he had permission to drive a vehicle. Ultimately the word “permission” was related to what extent he was allowed to drive the vehicle. As a result, the sheriff added automobile theft charges to the other less severe charges. The client said he had permission to drive the car and the grandmother said he did not, but the extent of the “permission” was taken out of context because she meant he did not have consent to use the vehicle to commit another crime. Finally, he was convicted of automobile theft even though we believed he did not steal his grandmother’s car; he simply used it for different reasons than his grandmother would have allowed. The prosecutor made it seem like to the jury that he stole his grandmother’s vehicle.

8. The police do not have the authority to make deals or grant a suspect leniency in exchange for getting a statement. Many people are under the misconception that the police can get them a better deal if they confess. However, the police are not the ones that have the authority to make deals. The Prosecutor, which is the District Attorney in Superior Court or the Solicitor General in State Court is the only party that can negotiate plea agreements, grant immunity, or make deals. Therefore, it is better to wait until you have your Georgia Criminal Attorney speak with them to work out an arrangement or plea deal.

Example: Countless clients that have been told by police officers that if they cooperate things will go easier. It occurs in a wide range of crimes from DUI to Aggravated Assault cases. Ultimately as stated above only a prosecutor can offer a negotiated plea.

I didn’t have a real weapon, just a toy: Even if you used a toy gun, you could be guilty of armed robbery. The Court looks at whether it was a believable replica and if it was, you will still be charged with armed robbery.

I had consent at the beginning to have the property:Recent case law has found that even if you had permission to have custody of the property at the beginning, you could still be guilty of robbery if you forcefully dissuaded the owner from making you return the object. An example of this is if you had permission to borrow a necklace and then when they asked you to return it, you forced them through violence to let you keep it. Even though you had consent at the beginning, it is still robbery because you used force to retain the property.

The victim never saw a weapon: Even if the victim never sees a weapon, a defendant can still be guilty of armed robbery. Since the purpose of using any weapon or device is to create a reasonable apprehension that an offensive weapon is being used, it is immaterial whether the fear is created by seeing or by any other sense, provided the apprehension is reasonable under the circumstances. An example of this is when a defendant told the victim “do as I say or I’ll blow your head off.” Although the victim never saw the weapon, the statement was enough that the robbery had been accomplished by use of an offensive weapon.

The Georgia Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Georgia are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Georgia statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16 who is not their spouse. While no close in age exemptions exist in Georgia, if the offender is under age 19 and the victim is no more than 4 years younger, the offense is classified as a misdemeanor rather than a felony.

When an individual commits the crime of false pretenses, they misrepresent a fact in order to acquire someone else’s property. Obtaining property through false pretenses is a crime, punishable in most states by fines and imprisonment. While state laws vary in defining this crime, the general idea is the same: to be found guilty of false pretenses, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact. This means that if an individual obtains another’s property by stating a fact that they mistakenly believe to be true, they have not committed the crime of false pretenses. Depending on the state statute, the property acquired by false pretenses can include tangible property, like a car or house, and intangible property, such as information that has been obtained.

False Pretenses vs. Larceny-by-Trick

False pretenses is often confused with the crime of larceny-by-trick. Larceny-by-trick is almost identical to the crime of false pretenses. However, there is one big difference: In the crime of false pretenses, the title to the property is actually transferred to the perpetrator, whereas someone found guilty of larceny-by-trick does not hold the title. A party commits larceny-by-trick when they steal another party’s property by deception. Therefore, no actual transfer of title occurs with larceny-by-trick. For instance, if an individual tells an elderly man that she is his long-lost daughter with the intent of causing him to transfer the title of his vacation house to her, she has committed the crime of false pretenses. If, instead, the individual convinced the elderly man that she was just going to borrow his car but never came back with it, this would be larceny or larceny-by-trick.

False Pretenses vs. Fraudulent Misrepresentation

The crime of false pretenses has a civil counterpart as well: a civil cause of action known as fraudulent misrepresentation. While fraudulent misrepresentation has the same legal elements as false pretenses, the court system in which a party will be charged for the crime differs. If a party intentionally deceives another, causing them to transfer title of their property, the city or state will prosecute the perpetrator for the crime of false pretenses. However, to allow the victim a remedy for the crime, the civil courts allow an individual to bring a fraudulent misrepresentation action for damages against the thief.

Getting Legal Help

If you believe that you have been defrauded by false pretenses, contact the appropriate authorities. On the other hand, if you have been accused of defrauding by false pretenses, speak to a criminal defense attorney right away. Being found guilty of the crime of false pretenses carries with it the possibility of severe punishment, and you will benefit from having a knowledgeable criminal defense lawyer on your side.

Graduations, holidays and the Georgia sunshine create environments for celebration. Adults of all ages make the decision to consume alcohol, yet a fraction of these people drive while intoxicated. A conviction of driving drunk in Georgia holds serious consequences. Not only do you face legal troubles and jail time, you can injure or kill yourself, loved ones and strangers.

Georgia motorists should understand that the implied consent law may further punish drunk drivers. Knowing the potential penalties of your refusal to breathalyze and a potential DUI charge may help you make an informed decision to not drink and drive. Taking measures to prevent a DUI conviction may even save your life or the lives of others.

Georgia DUI consequences

Assuming you are over the age of 21, you may be charged with a DUI if you are found to have a blood-alcohol level greater than .08 while driving. Should you be convicted of a DUI charge, the Department of Motor Vehicles of Georgia reports that consequences may include:

Revoked or suspended license

Jail time

Significant fines and attorney costs

Exceeding car insurance rates

Community service

Interlock ignition device

Addiction program involvement

You drive, you imply consent

In addition to the mounting DUI penalties, Georgia’s law of implied consent determines that during a field sobriety test, should you refuse to breathalyze, your punishment may increase. The law states that because you drive a vehicle, an officer holds the right to issue you a breathalyzer test.

Perhaps when an officer pulls you over, you know you may prove to be illegally over the legal alcohol limit to drive. You may conclude that admitting to drinking and refusing the breathalyzer may save you from more harsh consequences in court with a DUI charge. Unfortunately, should you not breathalyze, you may:

Be arrested for a suspicion of DUI

Receive a court order to revoke your license for one year

The above costs may prove to place you in both financial and emotional hardship, but these penalties may not compare to the grief and guilt you may face after injuring or killing another person while drinking and driving.

Taking preventative measures

Avoiding a DUI charge proves simple if you refrain from driving under the influence of alcohol. Should you choose to drink, the Center for Disease Control and Prevention explains possible steps to reducing your temptation to drink and drive.

Give your car keys to a trusted friend

Drink a glass of water per every consumed drink

Avoid binge drinking

Designate a driver

Use ride-share apps

A DUI conviction in Georgia burdens both you and loved ones around you. Should an officer ask you to breathalyze during a DUI investigation, following the officer’s orders may prove beneficial. Doing so may save you jail time and a lighter sentence, helping you recover from a conviction more quickly.